0909-00-ES Stadium Realty Limited, Applicant v. Eva Wong and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 33001600
BEFORE: M. A. Nairn, Vice‑Chair.
DECISION OF THE BOARD; July 18, 2000
[1]. This is an application for review of an Order to Pay brought pursuant to the Employment Standards Act (the “ESA”). The Order to Pay is dated May 5, 2000. The deadline for filing the application for review was June 19, 2000 (see section 68(3) of the ESA). The application was filed on June 21, 2000. The monies were paid into trust on June 26, 2000. On its face the application is untimely.
[2]. By letter dated June 27, 2000 the Board wrote to counsel for the applicant, indicating that it appeared that the application was untimely. That letter directed that the applicant provide any submissions with respect to the timeliness of the application or any request to extend the time limits to the Board within 10 days of the date of that letter (July 7, 2000). To date the Board has received no response.
[3]. There being no explanation for the delay in filing, and no other extenuating circumstances apparent from a review of the file, there are no grounds on which to properly extend the time limits for the filing of this application for review. The application is untimely. It is therefore dismissed.
“M. A. Nairn”
for the Board